H-1B visa is a non-immigrant visa on the basis of temporary employment in the United States under the Immigration and Nationality Act, section 101(a)(15)(H).  H-1B visa allows U.S. employers to hire foreign employees in specialty occupations for up to six years and it may lead to a green card.  Every year, 65,000 visas are issued although this cap excludes all H1B non-immigrants who work for non-profit organizations including universities and non-profit research facilities.

Recently, Congress announced its effort through the Department of Homeland Security and the USCIS to streamline the process for employment based visa including H-1B in order to attract foreign talent into the United States to facilitate our economy.  You may have an increased chance for receiving an H1B visa than before so long as you are qualified.

In order to be eligible for H1B visa, the job offer must be in a specialty occupation including but not limited to architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, and theology.  In addition, you must have a bachelor’s degree or its equivalent.

Your H-1B sponsoring employer must attest the following by signed Labor Condition Application (LCA):

• Wages offered are at least equal to the one received by other workers with similar experience and qualifications or pay the prevailing wages for the occupation in the area of intended employment, whichever is greater.
• Working conditions of position will not adversely affect conditions of similarly employed American workers
• Place of employment not experiencing labor dispute involving a strike or lockout
• Foreign employee will be given benefits comparable to those offered to its other workers with similar jobs.

Our H1B visa attorneys in Los Angeles will work with your future employer to make sure they file LCA correctly with the Department of Labor (DOL) to certify the LCA and will file your H-1B petition after the DOL accepts the LCA. Talk to our Los Angeles immigration attorney if you need us to file H-1B visa for you.  Our firm will help you.